Telecommunication Services

1 RFP P23DC003 November 23, 2022 REQUEST FOR PROPOSAL P23DC003 TELECOMMUNICATION SERVICES DUE: 3:00 P.M., MST, 12/15/2022 Deadline for Inquiries 2:00 P.M., MST, 12/6/2022 Time and Date Set for Closing 3:00 P.M., MST, 12/15/2022 2 RFP P23DC003 RFP SECTION INDEX SECTION # TITLE 1.0 INTRODUCTION 2.0 DEFINITIONS 3.0 INSTRUCTIONS TO PROPOSERS 4.0 SCOPE OF WORK 5.0 PRICING 6.0 QUALIFICATIONS/FINANCIAL STATEMENTS 7.0 RFP PROCESS 8.0 EVALUATION CRITERIA 9.0 CONTRACT TERMS AND CONDITIONS 10.0 CERTIFICATIONS AND FORMS EXHIBITS EXHIBIT 1 PROPOSAL FORMAT EXHIBIT 2 PRICING PROPOSAL EXHIBIT 3 CERTIFICATIONS EXHIBIT 4 FORM OF AGREEMENT EXHIBIT 5 TERMS AND CONDITIONS 3 RFP P23DC003 1. INTRODUCTION 1.1. University Background. The University is a fully accredited State of Arizona institution of higher education. Additional information on the University is available at the following link

target="_blank">https://nau.edu/Institutional-Research/Quick-Facts/ . 1.1.1. This RFP is part of a competitive negotiation process intended to allow the University to obtain goods and/or services as outlined herein in a manner that is most advantageous to the University. This RFP provides the University the flexibility to negotiate with Proposers, if desired, to arrive at a mutually agreeable relationship. Price may weigh heavily in the evaluation process but will not be the only factor under consideration and may not be the determining factor. All Proposals will be considered public records and will be available for review, as allowed by Arizona law and the Code. 1.1.2. It is the University's intent to select the Proposal(s), which are most favorable to the University in all respects, including scope, availability of services, quality of services, reputation, and price. If not otherwise stated herein, multiple Awards may be made or an Award(s) may be made partial, by part, by line item, or by any combination of parts if identified as being in the best interest of the University. 1.1.3. The initial Contract term will be for one (1) year(s) with the possibility of four (4) four successive one (1) year renewals, for a total term not to exceed five (5) years. 1.2. Coverage and Participation. Unless objection is submitted with the Proposal, it is the intent of the University that any Award resulting from the RFP be available for use by all departments of the University and any other Arizona University, along with any other educational institution or Governmental entities, to the extent allowed by Arizona law and the Code. 1.3. Communications. All questions or inquires relating to this RFP must be directed to: Debra Cisneros Director Tel: 928-523-5285 E-mail: Debra.Cisneros@nau.edu https://nau.edu/Institutional-Research/Quick-Facts/ 4 RFP P23DC003 2. DEFINITIONS Capitalized terms shall have the meaning set forth in Board Policy 3-801.B https://public.azregents.edu/Policy%20Manual/3-801-General%20Provisions.pdf , with the exception of the following terms which shall have the meanings set forth below in this RFP. 2.1. “BET” indicates Building Entrance Terminal. 2.2. “Firm Price” indicates a quoted price and conditions which remain unchanged. 2.3. “LIU” indicates Light Interface Unit. 2.4. “May” or “Should” indicates something that is not mandatory but permissible/desirable. If a Proposer fails to provide recommended information, the University may, at its sole option, ask Proposer to provide the information or evaluate the Proposal without the information. 2.5. “Must,” “shall,” “will” indicates a mandatory requirement. Failure to meet any mandatory requirements may result, in the University’s sole discretion, in the rejection of your proposal. 2.6. “MST” means Mountain Standard Time, the time zone in which the University operates. Arizona does not observe Daylight Savings Time. 2.7. “Proprietary Information” means trade secrets and other proprietary or confidential information exempt from Arizona’s Public Records Statute pursuant to A.R.S. § 15- 1640(A). Contract terms and conditions, pricing, and information generally available to the public are not considered Proprietary Information under the Code (See Code § 3-801(D)(1)). 2.8. “RMU” indicates Ring Main Unit. 2.9. “RFP” refers to this request for proposals P23DC003. 2.10. “Successful Proposer” means any Proposer selected by the University to receive an Award as a result of this RFP and to enter into a Contract to provide the University with the products or services sought by this RFP. 2.11. “University Representative” shall mean University personnel or University Project Manager assigned and authorized to oversee each project. https://public.azregents.edu/Policy%20Manual/3-801-General%20Provisions.pdf 5 RFP P23DC003 3. INSTRUCTIONS TO PROPOSERS 3.1. General Requirements. 3.1.1. The data, specifications, and requirements outlined herein are intended to serve as a general guideline for the University’s requirements. Proposers should submit a fully detailed Proposal that adequately describes the advantages and benefits to the University. Proposers should provide a detailed response to each requirement in this RFP, individually numbered to match each requirement. At a minimum, in such case where a detailed response is not applicable, each Proposer should indicate their ability to comply with and/or agreement to the requirements of this RFP. Proposers are encouraged to provide any additional information that is not specifically identified in this RFP that would assist the University in making its evaluations based upon the disclosed evaluation criteria. 3.1.2. Any Person submitting a Proposal shall be deemed to have read and understand all the terms, conditions and requirements in this RFP. 3.1.3. The Contracts, Purchasing and Risk Management department shall retain this RFP, and all related terms and conditions, exhibits and other attachments, in original form in an archival copy. Any modification of these, in the Proposer’s submission, is grounds for immediate disqualification. 3.1.4. Proposer agrees that the University will not pay for or be responsible for any cost or expense incurred by Proposer in the preparation, submission, presentation, or any other action connected with proposing or otherwise responding to this RFP. 3.1.5. The University reserves the right to reject any or all Proposals or any part thereof, or to accept any Proposal, or any part thereof, or to withhold the Award and to waive or decline to waive irregularities in any Proposal when it determines that it is in its best interest to do so. The University also reserves the right to hold all Proposals after the Opening date and the right to accept a Proposal not withdrawn before Opening. 3.1.6. Proposer may withdraw their Proposal any time prior to Opening. Proposer may request to withdraw their Proposal after Opening and any time prior to selection and notice of Award. The University shall have sole authority to grant or deny such a request. In the event the University grants such a request, it may withhold issuing future Requests for Proposals to such Proposer. 3.1.7. All Proposals and accompanying documentation will become the property of the University at the time the Proposals are opened. It will be the Proposer’s responsibility to request that samples be returned to the Proposer and provide a method for doing so at the expense of the Proposer. If such a request is not received and a method of return is not provided, all samples shall become the property of the University forty-five (45) days from the date of Award and may be disposed of in the University’s sole discretion. 6 RFP P23DC003 3.1.8. Collusion with other Proposers or employees thereof, or with any employee of the University, is prohibited and may result in disqualification of the Proposer and/or cancellation of an Award. Any attempt by the Proposer, whether successful or not, to subvert or skirt the principles of open and fair competition may result in disqualification of Proposer and/or cancellation of an Award. 3.1.9. Each Proposer shall ensure that no improper, unethical, or illegal relationships or conflict of interest exists between or among the Proposer, the University, and any other party to this RFP. Without limiting the foregoing, Proposer shall refrain from offering or giving gratuities, in the form of entertainment, gifts or otherwise, to any officer or employee of the State of Arizona with a view toward securing a Contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such Contract. The University reserves the right to determine the materiality of such relationships, when discovered or disclosed, whether intended or not; and to decide whether or not Proposer disqualification and/or cancellation of an Award shall result. 3.1.10. If any Proposer or any of the Proposer’s employees, agents, or other representatives participating in this RFP need, or have questions about the University's accommodations for people with disabilities, arrangements can be made by contacting Debra Cisneros at telephone number 928-523-5285 or email address Debra.Cisneros@nau.edu. Such requests should be made as early as possible to allow time to arrange the accommodation(s). 3.1.11. The University shall have the right to use any ideas that are contained in any Proposal received in response to this RFP, along with any adaptation of such ideas. Selection or rejection of the Proposal shall not affect the University’s right of use. Provided, however, that the University will, in good faith, honor the proprietary and confidential nature of any Proposer information that is enclosed in a separate envelope from the Proposal and clearly designated and conspicuously labeled as set forth in Section 7.4.8. of this RFP. 3.1.12. Any protest of this procurement must comply with the requirements of section 3-809(B) of the Code. 3.1.13. Proposer shall acquire and maintain all necessary permits and licenses and shall adhere strictly to all Federal, State, County, or City laws, codes, regulations, and ordinances as applicable in performing any work under this RFP. 3.1.14. The University is under no obligation whatsoever to honor or observe any information that may apparently conflict with any provision of this RFP, regardless of whether such information is obtained from any office, agent, or employee of the University. Such information shall not affect the Proposer’s risks or obligations under a Contract resulting from this RFP. 3.1.15. Any Proposer exception, stipulation, counter-offer, requirement, and/or other alternative term or condition shall be considered rejected unless specifically 7 RFP P23DC003 accepted in writing by the University and thereafter incorporated into any Contract resulting from this RFP. 3.2. Attention to Terms and Conditions. Proposers are cautioned to thoroughly understand and comply with all matters covered under the Terms and Conditions section of this RFP. The Successful Proposer/s is expected to enter into the form of agreement approved by the Board, refer to Section 9. The University terms and conditions included in this RFP, are intended to be incorporated into the Contract. Proposals that are contingent upon any changes to these mandatory terms and conditions may be deemed to be non-responsive and may be rejected. Proposals must state any exceptions taken to the mandatory terms and conditions in detail. 3.3. Project Resources. 3.3.1. The Successful Proposer/s shall be required to provide the personnel, knowledge, and experience required to maintain an appropriate level of professionalism and coverage for performance of requirements outlined herein. The University reserves the right to review Proposer’s staff assigned for relevant qualifications and experience. 3.3.2. Proposals shall include a list of proposed personnel with resumes specifying qualifications and relevant experience. Describe assignment of account representatives and/or key personnel. 3.3.3. Proposer will be required to conduct relevant and appropriate background checks and fingerprinting according to the University’s policies on all assigned employees and new hires to ensure that it does not assign any employee or agent to the University who may reasonably be considered to pose a threat to the safety or welfare of the University community or its property. Proposer will share background check information and other supporting documentation including disciplinary action for any employee, upon written request by the University. 3.3.4. Proposer may subcontract installation, training, warranty, or maintenance service with prior University authorization. Proposal shall list and describe any subcontractor’s qualifications and relevant experience and describe how Proposer guarantees subcontractor performance. The Successful Proposer/s shall remain solely responsible for the performance of a resulting Contract from this RFP. All University payments for goods and/or services shall be made directly to the Proposer. 3.3.5. The University reserves the right to inspect Proposer’s facilities prior to Award or any time throughout the term of the Contract. 3.4. Small Businesses. The University is committed to the development of Small Business and Small Disadvantaged Business (“SB & SDB”) suppliers. If subcontracting (Tier 2 and higher) is necessary, Proposer (Tier 1) will make commercially reasonable efforts to use SB & SDB in the performance of any https://nau.edu/university-policy-library/hr_1-085/ 8 RFP P23DC003 Contract resulting from this RFP. Proposals should include a description of the Proposer’s efforts to solicit SB & SDB participation in providing the services. 3.5. Substitute Materials. Unless specifically stated to the contrary, any manufacturer's names, trade names, brand names or catalog numbers used in the specifications of this RFP are for the purpose of describing and/or establishing the quality, design and performance required. Any such reference is not intended to limit or restrict any Proposal and is included in order to advise on the University’s needs. Any Proposal, which proposes like quality, design or performance, will be considered. 9 RFP P23DC003 4. SCOPE OF WORK 4.1. The University is seeking installation services on dark fiber, cabling and network equipment of both Inside Plant (ISP) and Outside Plant (Outside Plant) installations to include the installation, demolition, remediation of the cabling infrastructures for fiber and copper cabling inside the tunnels. 4.2. Certifications 4.2.1. Proposers to maintain a valid State of Arizona L-67 or Arizona equivalent, contracting license for a minimum of four (4) years. Provide license number or another Arizona equivalent contracting license with Offer. 4.2.2. Provide with Proposal a copy or proof of the following electronic and telecommunication certificates. 4.2.2.1. Belden certified installer, authorized to provide a Belden SureBit or ChannelMate warranty solution. 4.2.2.2. Registered Communications Distributions Designer (RCDD) certification. 4.2.2.3. OSHA 30 trained, at minimum. 4.2.3. Provide with Proposal a copy or proof of the following auto visual certificates. 4.2.3.1. CTS and CTS-I certifications. 4.2.3.2. OSHA 10 trained, at minimum. 4.3. Audio Visual Installation Services 4.3.1. Proposer’s employees to hold the CTS and CTS-I certifications while proving installation services. 4.3.2. Audio Visual cabling to be Creston Digital Media for Crestron systems. 4.4. Telecommunication Installation Services 4.4.1. Successful Proposer/s with BICSI, RCDD credentials to perform project management and installation on a weekly basis or as requested by the University. 4.4.1.1. Indicate ability to comply. 4.4.2. Successful Proposer/s to assign certified BICSI technician as the lead to be on- site during project installation at all times. 4.4.2.1. Indicate ability to comply. 10 RFP P23DC003 4.4.3. Test results to be provided. Certifiable test results from Fluke DTX equipment may be acceptable. 4.5. General Specifications 4.5.1. The University may choose to construct a project for pathways and spaces or a structured cabling system. 4.5.2. Indicate the ability to work in conjunction with the University and/or at times with the instructions from a GC (General Contractor) with the University’s approval. 4.5.2.1. If not, describe why or how you may be able to meet this requirement. 4.5.3. Indicate the ability to coordinate construction phasing and schedules with the University’s ITS and Project Design and/or Construction (PDC). 4.5.3.1. If not, describe why or how you may be able to meet this requirement. 4.5.4. Indicate the ability to be responsible for sequencing and coordination with the University for the project. Include any requirements for coordinating work with project schedules to ensure project is completed in accordance with the project timeline. Any potentially unusual or specifically required sequencing for the project must be scheduled and coordinated with the University. 4.5.4.1. If not, describe why or how you may be able to meet this requirement. 4.5.5. Indicate the ability to be responsible for oversight and coordination throughout the project and to be present for all construction meetings throughout the project. 4.5.5.1. If not, describe why or how you may be able to meet this requirement. 4.5.6. Indicate the ability to schedule site visits, inspections, and certification of the system, to provide and coordinate any modifications or remediation of any punch list items immediately once received or as required by the University. 4.5.6.1. If not, describe why or how you may be able to meet this requirement. 4.5.7. Indicate the ability to re-inspection is mandatory for sign off on completion of the modifications or punch list items prior to substantial completion of the project and the scheduled use of the system by the University. 4.5.7.1. If not, describe why or how you may be able to meet this requirement. 4.5.8. Indicate the ability to solely be responsible for all costs associated with scheduling the University’s inspection, the inspection itself and any university- required re-inspections and for any modifications to the installation as required by the University or manufacturers. 4.5.8.1. If not, describe why or how you may be able to meet this requirement. 4.5.8.2. Initial inspections are the part of the construction process, any failed inspections are subject to a $250.00 fee at the University’s discretion. 11 RFP P23DC003 4.5.9. Indicate the ability to obtain the University’s approval to store materials for a project onsite. 4.5.9.1. If not, describe why or how you may be able to meet this requirement. 4.5.10. Indicate if Successful Proposer/s agrees to complete project and remediation of all punch list items by the project’s substantial completion date. Any delays to materials or project completion, shall be communicated to the within 48hrs of notice. 4.5.10.1. Indicate ability to comply. 4.5.11. Successful Proposer/s will be assigned a university representative for a given project. The University Representative will provide any interface needed within the University. 4.5.11.1. Indicate ability to comply. 4.5.12. Successful Proposer/s and their employees are required to wear company shirt with visible company badge stating employee name, employee ID and company logo while on campus. 4.5.12.1. Indicate ability to comply. 4.5.13. Employee added during a project are to be approved by the University. 4.5.13.1. Indicate ability to comply 4.5.14. Project schedule to include the start and completion dates and the number of hours at each phase of the project. 4.5.14.1. Indicate ability to comply 4.5.15. Work performed shall be in accordance with the most current, University’s Division 26, Division 27 standards Division 28 and Division 33. NAU Technical Standards 4.5.15.1. Indicate ability to comply. 4.5.16. Division standards may be implemented at any point in the project and at no additional cost to the Owner. Division Standards may be changed at any time during the construction process to help ensure the Owner is providing the latest technologies to the campus and its students. Any deviations from the original scope of work will be handled within a Change Order and shall be pre-approved by the owner prior to any procurement of materials or work is performed. 4.5.16.1. Indicate ability to comply. 4.5.17. Successful Proposer/s to comply with OSHA standards. 4.5.17.1. Indicate ability to comply. 4.5.18. OSHA violations may result in an immediate removal from the project. 4.5.18.1. Indicate ability to comply. 4.5.19. Provide an electronic, infrastructure and W-Fi as-built in PDF format or in https://in.nau.edu/facility-services/dp-contract/ https://in.nau.edu/facility-services/dp-contract/ https://www.osha.gov/ 12 RFP P23DC003 DWG, upon request. All documentation shall be submitted prior to substantial completion and final invoicing. 4.5.19.1. Indicate ability to comply. 4.5.20. Successful Proposer/s will be required to submit a University Inspection Form Inspections on each project. 4.5.20.1. Indicate ability to comply. 4.5.21. Successful Proposer/s will be required to have written approval for any and all change orders from an authorized University Representative before proceeding. 4.5.21.1. Indicate ability to comply. 4.5.22. Successful Proposer/s will not be compensated for unauthorized change orders. 4.5.22.1. Indicate ability to comply. 4.5.23. Provide a list of your firm’s tools, truck reels and fusion splicers used to perform services. 4.5.24. Design drawings are to be included as part of the quote submissions. Final as- builts to be provided prior to substantial completion of project. 4.5.24.1. Indicate ability to comply. 4.5.25. No work to commence on the University campus until a signed Hazardous Material Form (FS-13)Safety Programs and all appropriate certificates have been verified by the University. 4.5.25.1. Indicate ability to comply. 4.5.26. Prior to sign-off of the Inspection Record (FS #15) FS 15 Inspection Record at time of substantial completion. Final as-builts for the cabling infrastructure and Wi-Fi installation. 4.5.26.1. Indicate ability to comply. 4.5.27. Final completion and release of payments: Owner reserves the right to test and verify compliance of all fiber and copper cables installed under contract. 4.5.27.1. Indicate ability to comply. 4.6. Quotes/Scopes of Work 4.6.1. Indicate the ability to ensure quotes are aligned to the latest NAU Technical Standards, NAU Division 27 and Division 28 standards. 4.6.1.1. If not, describe why or how you may be able to meet this requirement. 4.6.2. Indicate the ability to include all materials, equipment and apparatus not specifically mentioned herein or noted on the plans, but which are necessary for a complete working ANSI/TIA/EIA, ISO/IEC and IEEE compliant ethernet or POL (Passive Optical LAN) infrastructure and system. 4.6.2.1. If not, describe why or how you may be able to meet this requirement. https://in.nau.edu/facility-services/dp-contract/ https://in.nau.edu/environmental-health-and-safety/safety-programs/ https://in.nau.edu/wp-content/uploads/sites/139/2019/06/Inspection-Record-SUMMARY_dated-06-11-19.pdf https://in.nau.edu/facility-services/dp-contract/ https://in.nau.edu/facility-services/dp-contract/ 13 RFP P23DC003 4.6.3. Indicate the ability to provide a description, part numbers and submittal documents for all parts associated with the system installation. 4.6.3.1. If not, describe why or how you may be able to meet this requirement. 4.6.4. The University’s ITS may request firm price quotes from the Successful Proposer/s for any and all types of work included in the scope/specifications, and award work to contractors based on pricing. Firm price quotes shall maintain pricing as stated under this RFP. 4.6.4.1. Indicate the ability to comply. 4.6.5. Indicate the ability to provide a complete system solution and installation in accordance with the University’s project goals that will be communicated by the University on each project. 4.6.5.1. If not, describe why or how you may be able to meet this requirement. 4.6.6. Successful Proposer/s to be responsible for any additional materials and costs due to misinterpretation of the scope of work or manufacturers requirements. 4.6.6.1. Indicate ability to comply. 4.6.7. Successful Proposer/s to be responsible for inspecting the architecture of several buildings before providing pricing. 4.6.7.1. Indicate ability to comply. 4.6.8. Successful Proposer/s will be assigned a university representative for a given project. The University Representative will provide any interface needed within the University. 4.6.8.1. Indicate ability to comply. 4.7. Materials 4.7.1. The University may request Success Proposer/s to provide materials. 4.7.2. Material pricing to be most advantageous to the University. 4.7.3. Provide all discounts, rebates, credits, salvage commissions and any other benefits when providing pricing for materials. 4.7.3.1. Indicate ability to comply. 4.7.4. Successful Proposer/s to provide copies of material invoices. 4.7.4.1. Indicate ability to comply. 4.7.5. Successful Proposer/s to verify with the University materials that are availability before purchasing materials. 4.7.5.1. Indicate ability to comply 4.7.6. Successful Proposer/s to contact the University representative prior to picking 14 RFP P23DC003 up University provided materials. Sign off on all materials shall be required prior to pick up. 4.7.6.1. Indicate ability to comply. 4.7.7. Pick up/ drop off location is Building 54, Information Systems Building. 4.7.8. University will not compensate Offeror to pick up/ drop off materials. 4.7.8.1. Indicate ability to comply. 4.8. Hours and Scheduling 4.8.1. Any work required to be performed outside of normal business hours of Monday through Friday, 8:00 AM to 5:00 PM to be arranged in advance with the authorized University Representative. 4.8.1.1. Indicate ability to comply. 4.8.2. Successful Proposer/s must work closely with the University Representative when scheduling work to ensure the campus can maintain uninterrupted operations. 4.8.2.1. Indicate ability to comply. 4.8.3. Residence Hall access is strictly prohibited without a minimum 48 hours’ notice. To request access into a Residence Hall, submit the request to the University Representative. 4.8.3.1. Indicate ability to comply. 4.9. Clean Up Requirements 4.9.1. At the completion of the project, Successful Proposer/s to deliver replaced equipment and any excess materials to building 54, Information Systems Building. Any materials deemed unwanted by the University, shall be removed by the Successful Proposal/s at no additional cost to the Owner. 4.9.1.1. Indicate ability to comply. 4.9.2. At the end of each shift, Offeror to remove any debris, tools or any other potential hazards from the area and at completion of the project return site to its original condition. 4.9.2.1. Indicate ability to comply. 4.10. Warranties 4.10.1. Each Proposal shall state the warranties to be offered by Proposer. 4.10.2. Unless stated elsewhere in this RFP, University expects that Proposer will provide the following warranties, at a minimum: (i) that all of the Contract services will be performed in a professional and workmanlike manner and in conformity with industry standards by persons reasonably suited by skill, training 15 RFP P23DC003 and experience for the type of services they are assigned to perform; (ii) that the Successful Proposer/s will comply, and will be responsible for ensuring its owner, members, employees, agents, contractors and subcontractors comply, with all applicable federal, state and local laws in the performance of a resulting Contract; (iii) that the Successful Proposer/s owns or has sufficient rights in all goods and services to be delivered by the Successful Proposer/s, and the goods and services delivered by the Successful Proposer/s will not infringe upon or violate any Intellectual Property of any third parties; (v) that the warranty period for Proposer provided materials shall (i) be no less than a period of one (1) year after completion of installation or within the manufacturer’s warranty, whichever is later, (ii) such warranty period shall commence upon date of acceptance by the University, and (iii) Proposer shall provide the University with all manufacturers’ warranty documents upon completion of installation and prior to leaving the job site; and (vi) that in addition to any implied warranties, all goods and services delivered by the Successful Proposer/s will conform to the specifications and descriptions created therefor. 4.11. Additional Services. Proposer may offer additional goods and/or services not specifically requested in this RFP, including associated costs. The University shall determine, in its sole discretion, which additional goods/service options are the most beneficial from both a cost and service standpoint, and may further negotiate these options to include or omit, at any time throughout the Contract or any renewal term, dependent on the needs of the University. 4.12. Quality Assurance Plan. Proposals shall provide a quality assurance plan that details the methods by which the Proposer guarantees performance. 4.13. Sustainability. 4.13.1. The University is committed to buying products with recycled content or environmentally sustainable alternatives. Identify all environmentally sustainable features and supply all relevant specifications of offered products. Include in the Proposal, information regarding Proposer’s overall sustainable efforts. 4.13.2. The University shall require that whenever an EPEAT registered product is available that meets specifications in this RFP, that the EPEAT registered product be offered. 4.14. Asbestos, Lead, PCBs and Other Hazards. 4.14.1. As with any work site, University campus buildings have the potential to house hazards including (but not limited to) hazardous building materials, chemical, biological, or physical hazards, or conditions which may become hazardous based on specific work scope or practices. The University’s Hazard Inspection program exists to provide hazard information on a location and scope specific basis. Prior to commencement of any construction/renovation, repair, 16 RFP P23DC003 installation, or other services which are deemed to have the potential to impact building or infrastructure components or result in worker exposure to hazards, Proposer must review, sign, and return the project specific hazard inspection and communication form prepared by the University’s EH&S department. Requests for inspection may be placed at https://in.nau.edu/environmental-health-and- safety/safety-programs/asbestos-lead-and-pcbs/ , or by contacting the EH&S Material Safety Office at (928) 523-6435. 4.14.2. A limited number of specific exclusions to the University’s Hazard Inspection policy can be found in the University’s Policy for Hazard Inspections. Any work not specifically excluded, or any changes of scope to previously approved work must be inspected prior to commencement of the work activities. https://in.nau.edu/environmental-health-and-safety/safety-programs/asbestos-lead-and-pcbs/ https://in.nau.edu/environmental-health-and-safety/safety-programs/asbestos-lead-and-pcbs/ https://in.nau.edu/wp-content/uploads/sites/226/2021/05/NAU-policy-for-Hazard-Inspections-5.12.21.pdf 17 RFP P23DC003 5. PRICING AND PAYMENT 5.1. Proposer shall submit a detailed cost proposal in the format found in Exhibit 2 to include all aspects of providing the scope of work associated with this RFP. 5.2. Method of Payment & Discount for Early Payment. The University’s preferred method of payment is via credit card. Each Proposal shall indicate whether Proposer will: 1) Accept payment via credit card at the time of purchase without assessing credit card fees; 2) Offer an early payment discount (and describe the offering); 3) Offer an early payment discount if paid via credit card; 4) Accept payment via a Single Use Account when the invoice is processed through Accounts Payable. A Single Use Account is a card-based payment solution that acts like a check by providing a 16-digit virtual account number for each payment. 18 RFP P23DC003 6. QUALIFICATIONS/FINANCIAL STATEMENTS The University is soliciting Proposals from Persons which are in the business of providing services as listed in this RFP. Failure to include any requested information may be grounds for rejection of the Proposal. 6.1. Prior Experience. Proposals shall present a corporate history/management summary and evidence that the Proposer and/or its officers have been engaged for a minimum of three (3) years in providing similar products and services as described herein. Proposer may also describe Proposer’s growth for the past three (3). 6.1.1. Describe any restructuring, mergers, and/or downsizing that has occurred over the past three (3) years or is anticipated in the next two (2) years. 6.1.2. Detail Proposer’s experience with similar/like projects. 6.2. Financial Statements. Proposals shall include information satisfying one of the following options: 6.2.1. Option A (Preferred). Proposers who have audited financial statements are to provide audited financial statements for the two (2) most recent available years. If the financial statements are intended to be confidential, submit one (1) copy in a separate sealed envelope, marked prominently with the Proposer’s name and the phrase, “Confidential – Financial Statements.” 6.2.2. Option B. If Proposer does not have audited financial statements, the Proposal shall include the Proposer’s two (2) most recent tax returns or compiled financial statements by an independent CPA. If the financial statements or tax returns are intended to be confidential, submit one (1) copy in a separate sealed envelope, arked prominently with the Proposer’s name and the phrase, “Confidential – Financial Statements.” 6.3. Disputes/Litigation. 6.3.1. Describe the material issues of any current patent or copyright lawsuits or any other legal actions against Proposer including, but not limited to, parties of dispute, description of technology involved, equipment affected, jurisdiction, and date of legal complaint. 6.3.2. Describe litigation disputes for the past 5 years related to similar projects or Proposer’s ability to perform. 19 RFP P23DC003 6.4. Proposer References. 6.4.1. Provide, at minimum, three (3) references, not including the University, identifying firms with requirements similar to those of the University. Provide the name of the firm, contact person, email and the telephone number. 6.4.2. The University may, but is not required to, contact the provided references and/or additional references not provided by Proposer. The University may give preference to those references that are most similar to the University. 20 RFP P23DC003 7. RFP PROCESS 7.1. Intent / Right to Terminate and Recommence RFP Process. The University intends to enter into a Contract with one or more Proposers whose Proposal(s) are considered to be in the best interests of the University. However, the University may terminate this RFP process at any time up to notice of Award, without prior notice, and without liability of any kind or amount. Further, the University reserves the right to commence one or more subsequent RFP processes seeking the same or similar products or services covered hereunder. 7.2. Communications Regarding the RFP. 7.2.1. No department, school, or office at the University has the authority to solicit or receive official Proposals other than Contracts, Purchasing and Risk Management. All solicitations are performed under the supervision of the Chief Procurement Officer and in accordance with University policies and procedures. 7.2.2. Any and all questions regarding this RFP shall be directed to the Purchasing unit of Contracts, Purchasing and Risk Management and to no other office or individual at the University. Any Proposer who improperly attempts to communicate with unauthorized University personnel regarding the RFP may face disqualification at the discretion of the University. 7.2.3. All formal inquiries or requests for significant or material clarification or interpretation, or notification to the University of errors or omissions relating to this RFP must be in writing, and directed by email to: Debra.Cisneros@nau.edu. All formal inquiries must be submitted at least eight (8) calendar days before the time and date set for closing this RFP. Failure to submit inquiries by this deadline may result in the inquiry not being answered. Addenda will be posted to the University’s bid board at https://in.nau.edu/contracting-purchasing- services/nau-bid-board/ , it is the responsibility of the Proposer to obtain any addenda to this RFP. Failure to receive addenda shall not constitute a basis for claim, protest, or reissuance of the RFP. 7.2.4. The University may answer informal questions orally. The University makes no warranty of any kind as to the correctness of any oral answers and uses this process solely to quickly provide minor clarifications. Oral statements or instructions shall not constitute an addendum to this RFP. Proposer shall not be entitled to rely on any verbal response from the University. 7.3. Schedule of Events. The following is the schedule that will apply to this RFP, but may change in accordance with the University's needs. 11/23/2022 Issuance of RFP 12/06/2022 Technical Questions/Inquiries due no later than 2:00 PM/MST https://in.nau.edu/contracting-purchasing-services/nau-bid-board/ https://in.nau.edu/contracting-purchasing-services/nau-bid-board/ 21 RFP P23DC003 12/15/2022 RFP is Due Thursday December 15, no later than 3:00 PM, MST 7.4. Submitting Proposals. 7.4.1. All Proposals shall be submitted, and all communications with University shall be made in accordance with the terms of this RFP. 7.4.2. Proposals are to be addressed and delivered to the Attention to Associate Vice President, Northern Arizona University, Contracting, Purchasing and Risk Management at 545 E. Pine Knoll Drive, Flagstaff, Arizona 86011 on or before Thursday, December 15 by 3:00 P.M, MST at which time a representative of University will announce publicly the names of those firms or individuals submitting Proposals. No Proposals will be accepted after this time. No other public disclosure will be made regarding the RFP until after issuance of a notice of intent to Award or notice of Award of the Contract. No telephone, electronic or facsimile proposals will be considered. Conditional Proposals shall not be considered. If responding by United States Postal Services mail, allow additional time for on-campus delivery. Proposals will be opened at the Zoom meeting identified below. Proposals received after Opening will be returned to the Proposer unopened. Join Zoom Meeting: Topic: P23DC003 Bid Opening Time: Dec 15, 2022 03:00 PM Arizona Join Zoom Meeting https://nau.zoom.us/j/83659369673?pwd=dWxodW1DSm92QTRQUXBUenJN MVRWQT09 Meeting ID: 836 5936 9673 Password: P23DC003 7.4.3. Proposal shall be submitted in the format shown in Exhibit 1. Proposals in any other format may be rejected. Proposals should be organized in a manner that will facilitate the University’s evaluation. Proposals should include page numbers. The University reserves the right to reject, without prior notice, any Proposal that it deems overly complex, disorganized, or difficult to evaluate. The University reserves the right to make such a decision without any input or communication from any other party. 7.4.4. The University may, at its sole option, ask the Proposer to provide information that is not included in the Proposal or evaluate the Proposal as submitted. https://nau.zoom.us/j/83659369673?pwd=dWxodW1DSm92QTRQUXBUenJNMVRWQT09 https://nau.zoom.us/j/83659369673?pwd=dWxodW1DSm92QTRQUXBUenJNMVRWQT09 22 RFP P23DC003 7.4.5. Proposals shall be signed by an individual with authority to bind the Proposer. The University may reject any Proposal if it is not signed as indicated and/or required by the areas, spaces, or forms provided within this RFP. 7.4.6. Proposers are to submit one (1) original Proposal to the University, in hardcopy form, along with one (1) copy(s) in electronic form, on a CD, flash drive or other removable storage device, in either Microsoft Word or as an Adobe PDF file. 7.4.7. Proposals must be submitted in a marked and sealed container (e.g. an envelope or box) and the exterior of the container must clearly and conspicuously display the following identifying information in addition to any other information otherwise required for transmittal: 1) the Name of the Proposer; 2) Title of Proposal; 3) RFP Number; and 4) Date and Time Proposals are Due. 7.4.8. As a public institution that is subject to Arizona’s Public Records laws, the University discourages Proposers from submitting confidential and/or proprietary information to the University. If the Proposer needs to submit confidential or proprietary information with its Proposal, the Proposer must submit such information in a separate envelope from the Proposal and clearly and conspicuously mark the submittals as “Confidential/Proprietary Information.” The University will have sole discretion to determine whether any submitted information is actually confidential and/or proprietary. The envelope must also contain the reason(s) why the enclosed material is to be considered confidential or proprietary if deemed confidential by the University. Trade secrets or other proprietary data contained in the proposal documents shall be maintained as confidential in accordance with procedures promulgated by the Procurement Officer and subject to limitations in Arizona or Federal law. Contract terms and conditions, pricing, and information generally available to the public are not generally considered confidential information. Any watermarks, footnotes, or reference to confidential and/or proprietary throughout the Proposal will be disregarded as boilerplate markings. 7.5. Discussions with Proposers. 7.5.1. Following the opening of the Proposals, the University may conduct Discussions, including oral in-person presentations, with Responsible Proposers whose Proposals are determined, by the University, to be reasonably susceptible to being selected for Award. The University also reserves the right to select the most Responsive and Responsible Proposer(s) without further discussion, negotiation, or prior notice. The University may presume that any Proposal is a best-and-final offer. 7.5.2. During Discussions provided for by Section 7.5.3., the University may accept revisions of Proposals and negotiate price changes. Selected Proposers participating in Discussions shall be accorded fair treatment with respect to any opportunity for Discussions or revisions of Proposals. If revisions are permitted, all selected Proposers will be invited to submit a final Proposal revision. 23 RFP P23DC003 7.5.3. During any Discussion period, the University will not disclose any information derived from Proposals submitted, or from Discussions with other Proposers. Once a Contract is executed, the RFP file, and the Proposals contained therein, are in the public record and will be disclosed upon request. 7.5.4. After determining the Proposal(s) that is the most advantageous to the University, the University reserves the right to negotiate, prior to Award, with such Proposer(s) to finalize the terms of the Contract, resolve minor errors, clarify necessary details or responsibilities, obtain the lowest and best pricing, or otherwise as necessary to finalize the Contract. 7.5.5. Notification of Non-Selection. The University reserves the right not to notify Proposers not selected for further consideration or Award. The University may, in its sole discretion, post Awards to its website. 24 RFP P23DC003 8. EVALUATION CRITERIA 8.1. Selection of Successful Proposer. The Award shall be made to the Responsible Proposer whose Proposal is determined to be the most advantageous to the University based on the evaluation factors set forth in this RFP. Price, although a consideration, will not be the sole determining factor. 8.2. Criteria. The evaluation of Proposals will be based on the following criteria with the indicated points possible for each category: 8.2.1. Proposer’s Qualifications, Project Resources, Client References (refer to Section 6). 30 Points 8.2.2. Scope of Work (refer to Section 4) 20 Points 8.2.3. Pricing (refer to Section 5). 40 Points 8.2.4. Exceptions to the Terms and Conditions of the RFP (refer to Section 3.2). Points may or may not be assigned to this category, however Proposals that are contingent upon changes to the University’s terms and conditions may, if the University at its sole discretion determines not to accept the alternate terms and conditions, be considered non-responsive. No Points are assigned 8.2.5. Overall responsiveness to RFP. 10 Points 25 RFP P23DC003 9. CONTRACT TERMS AND CONDITIONS AND INSURANCE The University will require the Successful Proposer to sign the form agreement set forth in Exhibit 4 hereto. Proposals that are contingent upon any changes to these mandatory terms and conditions, and insurance requirements may be deemed to be non-responsive and may be rejected. Proposals must state, in detail, any exceptions taken to the terms and conditions included in the form agreement in Exhibit 4. 26 RFP P23DC003 10. CERTIFICATIONS AND FORMS Each Proposal must include the following certifications and forms signed by an individual with authority to bind the Proposer. University forms of certification are attached as Exhibit 3. Failure to include any of the following certifications may result in the Proposal being rejected as nonresponsive. 10.1. Certification of Proposal 10.2. Anti-Lobbying Certificate 10.3. Federal Debarred List Certificate 10.4. Proposer’s Information 27 RFP P23DC003 EXHIBIT 1 – PROPOSAL FORMAT In order to facilitate direct comparison, submit Proposal using the following format, listed in order, and index tabbed to match. Failure to follow instructions regarding format may result in rejection of Proposal. 1. Completed and signed RFP Certification (refer to Exhibit 3). 2. Completed and signed Anti-Lobbying Certification (refer to Exhibit 3). 3. Completed and signed Federal Debarred List Certification (refer to Exhibit 3) 4. Proposer’s Qualifications and Experience (refer to Section 6.). 5. Project Resources (refer to Section 3.3). 6. Client References (refer to Section 6.4). 7. A detailed technical Proposal (refer to Section 4). 8. Exceptions to the Terms and Conditions of the RFP (refer to Section 3.2). 9. Pricing Proposal (refer to Section 5). 10. Proposer Information (refer to Exhibit 3). RFP P23DC003 28 EXHIBIT 2-PRICING PROPOSAL Pricing to be a composite of the least difficult to the most difficult work conditions and to include consumables into a single pricing for items H1-H17. Unit costs are for fixed labor rates. University to provide all materials per project unless otherwise requested by the University. Consumables to be provided. 1. Consumables are items such as tape, jet line, Velcro, anchors of any type, cable lubricants, solvents, gel of any type or any items used for the installation of cabling services not mentioned in the provided materials lists. 2. Unit prices and fixed labor rates to be submitted for the lists of tasks. Successful Proposer/s to be responsible for inspecting the architecture of several buildings before establishing unit prices or fixed labor rates. 3. Outside plant fiber optic and copper cabling installation pricing to include one (1) setup time and a price per foot for installation. Lengths will vary per installation. 4. Telecommunications plant cabling, to include any cabling connecting to the University’s Information Technology closet. Costs to include grounding of all metallic components of this installation and the installation of J-hooks or approved supports for the length of the cable run, replacement of existing pull strings and fire stopping materials as required, labeling of all cables, patch panels, (110) termination blocks, faceplates and test results per the University’s most current Technical Standards and Division 27 and Division 28. Infrastructure Cabling (Pricing to include all consumables and labor) The installing Proposer shall ensure that the receive range of the ONTs in all XGS/PON and GPON installations is between -10 and -25 dBm. 1. Install, terminate, test, and label a single category6 outlet consisting of a single (1) yellow cat6 jack and cable back to an ONT in the ceiling. (up to 30’) w/ a direct connect by 8P8C plug. $ ______ 2. Install, terminate, test, and label an ISP rated (1) single fiber strand cable and (1) 2 conductor power cable from (16-18AWG). Zone box to an ONT (up to 60’) $ ______ Home run to BDF (up to 300’) $ ______ 3. Install, test and label of a single ISP rated pre-terminated (2) strand duplex fiber optic cable. Zone box to an ONT (up to 60’) $ ______ Home run to BDF (up to 300’) $ ______ RFP P23DC003 29 4. Install, terminate, test and label an ISP rated (1) single conductor fiber cable. Zone box to an ONT (up to 60’) $ ______ Home run to BDF (up to 300’) $ ______ 5. Installation and continuity test of (1) 2 conductor power wire 14-23awg. Zone box to an ONT (up to 60’) $ ______ Home run to BDF (up to 300’) $ ______ 6. Installation and test of a pre-terminated (2) conductor 14-23awg / (2) strand composite fiber cable. $ ______ 7. Installing and connecting a single desk or wall mount ONT to fiber and power (via power brick or Fenix connection). Must verify connectivity with NAU ITS prior to completion. $ ______ 8. Install terminate, test, and label one duplex category outlet consisting of one (1) yellow Cat6 and one (1) blue Cat6 cables with matching color jacks. $ ______ 9. Install terminate and test one quad category outlet consisting of two (2) yellow Cat6 and two (2) blue Cat6 cables with matching color jacks. $ ______ 10. Install terminate and test one hexed category outlet consisting of three (3) yellow Cat6 and three (3) blue Cat6 cables with matching color jacks. $ ______ 11. Install and test one (1) category (6a) yellow 30’ patch cord. $ ______ 12. Install and test two (2) category (6a) gray 30’ patch cords. $ ______ 13. Install terminate and test one category rated outlet consisting of one (1) category rated (6a) yellow cable with matching color jack. $ ______ 14. Install terminate and test one duplex category outlet consisting of two (2) category rated (6a) gray cables with matching color jacks. $ ______ 15. Removal of one (1) existing workstation up to four) 4 cables from IT room to Workstation, work to include the removal/ modification of any labels blank cover and associated hardware. $ ______ 16. Installation of a single network device, 1U or 2U plug into local power and connect to the provided uplink. $ ______ RFP P23DC003 30 Wireless Installation 1. Installation of a Cisco, (model number TBD by NAU ITS) internal or external radio/antenna model or equivalent with ceiling grid bracket or external access point mount as specified by manufacturer with a zip tie installed to secure the access point to the mounting bracket. Access point to be patched into the (A) side jack of the Ethernet infrastructure at both ends, or specified ONT port. The access point shall be labeled with the Port ID and MAC address. Labels at, or above ceiling height, shall be readable/ legible from the floor with a minimum font size of 36pt. Label tape shall be white backing with black font. Internal WAP mounted to internal ceiling, wall, or pole. $ ______ External WAP w/ Patch Antenna to external ceiling, wall or pole. $ ______ External WAP w/ Patch Antenna installed inside of a NEMA rated enclosure and attached to an external ceiling, wall, or pole. $ ______ Audio Visual (AV) Installations 1. A/V installation of a standard single projector classroom, as defined in NAU Design Guidelines and Technical Standards, Section 12.4 including installation of all AV equipment, lectern, and programming (GUI and Fusion). $ ______ 2. Audio Visual installation of a standard dual projector classroom, as defined in NAU Design Guidelines and Technical Standards, Section 12.4, including installation of all AV equipment, lectern, and programming (GUI and Fusion). $ ______ 3. Audio Visual Crestron touch panel programming (SIMPL; GUI and Fusion) for a standard classroom, as defined in NAU Design Guidelines and Technical Standards, Section 12.4, independent of full AV installation. $ ______ 4. Audio Visual installation of conference room wall-mounted display, processor, touch panel, speakers, and video conference hardware, including programming (GUI and Fusion). $ ______ 5. Audio Visual installation of single wall-mounted display for digital signage and Wayfinding applications. $ ______ 6. Audio Visual installation for classroom video conferencing solution consisting of two IP PTZ cameras, one ceiling array microphone, DSP, audio tuning, and programming integration with existing GUI. This represents an add-on component to a standard classroom as defined in NAU Design Guidelines and Technical Standards, Section 12.4. $ ______ RFP P23DC003 31 Access Control Installations Electrified Door Hardware 1. Installation of an IP/ PoE based electrified door hardware, Assa Abloy IN220 or equivalent, to be determined by NAU ITS. $ ______ 2. Installation of Honeywell Genesis series Access control all shield OAJ CMP cabling Part number 3296 or equivalent, to be determined by NAU ITS $ ______ 3. Installation of a Mercury E6M1 (30H X 23W X 6.50D inch) or equivalent enclosure, to be determined by NAU ITS $ ______ 4. Installation of an HID R40 card reader or equivalent, to be determined by NAU ITS. $ ______ 5. Installation of an electronic Door Strike. $ ______ 6. Installation of a recessed Door Contact with 12” leads. $ ______ 7. Installation of a request to exit device. (REQ) $ ______ 8. Installation of LNL 2200 card or equivalent, to be determined by NAU ITS $ ______ 9. Installation of LNL 1320 card or equivalent, to be determined by NAU ITS $ ______ 10. Installation of cm150-08 daughter cards or equivalent, to be determined by NAU ITS $ ______ Price per foot/piece 1. Installing fifteen hundred pounds (1500lb) test calibrated mule tape in conduits, duct banks at the access point. $ ______ 2. Setup and Install Max Cell (3) packs of (3"X3 cell) $ ______ (2) packs of (4”X3 cell) $ ______ 3. Setup and install one inch (1") corrugated inner-duct with couplers. $ ______ 4. Setup and install Copper backbone cable one hundred (100) pair $ ______ (Does not include cable termination.) RFP P23DC003 32 5. Setup and Install an ISP rated Fiber optic cable. (Does not include cable termination.) 6 Strand $ ______ 12 Strand $ ______ 48 Strand $ ______ 48 Strand $ ______ 6. Install and test an ISP rated Pre-Terminated Fiber optic cable. (Armored and Non- Armored) 6 Strand $ ______ 12 Strand $ ______ 24 Strand $ ______ 48 Strand $ ______ 96 Strand $ ______ 144 Strand $ ______ 7. Setup and Install OSP rated Fiber optic cable. (Does not include cable termination.) 48 Strand $ ______ 96 Strand $ ______ 144rand $ ______ 8. Installation of 1” Metallic conduit raceway with associated hardware/bushings. $ ______ 9. Non-metallic raceway, latch duct installation to include (1) 10’ stick (2) couplers of any type and secured w/ minimum (2) wall anchors. $ ______ 10. Installation of Optical fiber; LIU (1/ 4U). $ ______ Splice enclosure (Wall and Rack Mount) $ ______ Splice Case w/ trays (up to 4 trays) $ ______ Passive Optical Splitter (2x16 and 2x32) $ ______ 11. Installation of one, (2) post rack assembled, secured to floor and wall. $ ______ 12. Installation of a two, (2) post rack assembled secured to floor and wall. $ ______ 13. Installation of a two, (4) post rack assembled and secured to floor. $ ______ 14. Installation of a single 4’x8’ sheet of fire rated plywood secured to wall. $ ______ 15. Installation of a single TMGB/TGBB or as supplied grounding bar. $ ______ 16. Installation of (1) vertical 7’ wire manager $ ______ RFP P23DC003 33 17. Installation of a single patch cord from Patch Panel to network switch. $ ______ 18. Installation of (1) horizontal manager 1U/2U $ ______ 19. Installation of (1) equipment cabinet/ box, up to twenty- seven (27) RMU. $ ______ 20. Installation of cable runway/ ladder rack to include ten feet (10') section and secured to wall and or rack. $ ______ 21. Installation of a single 10’x 12” section of basket tray secured/ supported on both ends. $ ______ 22. Installation of a Fire-Rated Prefabricated wall penetration sleeves. 2” Drywall or plaster $ ______ 2” Concrete or block $ ______ 4” Drywall or plaster $ ______ 4” Concrete or block $ ______ 23. Copper cabling label blocks and patch panels, 110 blocks, 100 pair BET with In/Out tails. $ ______ 24. Fusion Splice twelve (12) strands of fiber optic cable loose tube with the installation of a fiber optic breakout kit and placement into the provided unit(s) (LIU, bulkhead, splice tray) test bi-directionally, label accordingly. $ ______ 25. Fusion splice (12) strands of tight buffer fiber optic cables and placement into the provided unit(s) (LIU, bulkhead, splice tray) test bi-directionally, label accordingly. $ ______ 26. Fusion splice of a single splice on connector. (Loose Tube or Tight Buffer) LC/ UPC $ ______ LC/ APC $ ______ SC/ APC $ ______ Price per strand/conductor 1. Fusion splice of a single fiber optic strand. (Loose tube or tight buffered) $ ______ a. With entry/ closure of splice case. $ ______ 2. Splice copper conductor pair with entry/ closure of splice case. $ ______ RFP P23DC003 34 Additional rates and charges 1. Trip Charge $ ______ 2. Emergency Labor Rate $ ______ 3. Overnight Rate $ ______ 4. Provide and describe all other travel charges, if applicable and not listed. $ ______ 5. Other fees not listed $ ______ System Integration Services 27. Telecommunications/ Electronics/ Applications Integrator for design and integration oversight services for ITS solutions. $ ______ RFP P23DC003 35 EXHIBIT 3 – CERTIFICATIONS RFP P23DC003 36 REQUEST FOR PROPOSAL CERTIFICATION Date: Contracts, Purchasing, and Risk Management Northern Arizona University The undersigned certifies, pursuant to Arizona Revised Statute 38-503, that to the best of his/her knowledge (check one): There is no officer or employee of Northern Arizona University who has, or whose relative has, a substantial interest in any Contract award subsequent to this RFP. The names of any and all public officers or employees of Northern Arizona University who have, or whose relative has, a substantial interest in any Contract award subsequent to this RFP are identified by name as part of the submittal. The undersigned further certifies, in accordance with Federal Acquisition Regulation 52.209-5, that Proposer (check one) IS or IS NOT currently debarred, suspended, or proposed for debarment by any federal entity. The undersigned agrees to notify the University of any change in this status, shall one occur, until such time as an award has been made under this procurement action. The debarred list (List of Parties Excluded from Federal Procurement and Non-Procurement Programs) can be found at: https://www.sam.gov/portal/SAM/#1. In compliance with RFP Number: and after carefully reviewing all the terms and conditions imposed therein, the undersigned agrees to furnish such goods and/or services in accordance with the specifications/scope of work according to the Offer submitted or as mutually agreed upon by subsequent negotiation. Name of Proposer Name of Contact Title of Contact Address 1 Address 2 City State Zip Code - Telephone Number E-mail address ( ) - Print Name of Proposer’s Authorized Agent Signature of Proposer’s Authorized Agent Title of Proposer’s Authorized Agent Date AN AUTHORIZED AGENT OF THE OFFEROR SHALL SIGN THE PROPOSAL CERTIFICATION http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/38/00503.htm&Title=38&DocType=ARS https://www.sam.gov/portal/SAM/#1 RFP P23DC003 37 ANTI-LOBBYING CERTIFICATION Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sept 2007). In accordance with the Federal Acquisition Regulation, 52.203-11: (a) The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions, included in this solicitation, are hereby incorporated by reference in paragraph (b) of this certification. (b) The Proposer, by signing its offer, hereby certifies to the best of his or her knowledge and belief that on or after December 23, 1989. (1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of this contract; (2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the Proposer shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and (3) He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. (c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by Section 1352, Title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure. Name of Proposer Name of Contact Title of Contact Address 1 Address 2 City State Zip Code - RFP P23DC003 38 Telephone Number E-mail address ( ) - Print Name of Proposer’s Authorized Agent Signature of Proposer’s Authorized Agent Title of Proposer’s Authorized Agent Date AN AUTHORIZED AGENT OF THE OFFEROR SHALL SIGN THE ANTI-LOBBYING CERTIFICATION RFP P23DC003 39 FEDERAL DEBARRED LIST CERTIFICATION Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters (Dec 2001) In accordance with the Federal Acquisition Regulation, 52.209-5: (a) (1) The Proposer certifies, to the best of its knowledge and belief, that— (i) The Proposer and/or any of its Principals— (A) (check one) Are ( ) or are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (The debarred list (List of Parties Excluded from Federal Procurement and Nonprocurement Programs) is at http://epls.arnet.gov on the Web.) (B) (check one) Have ( ) or have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and (C) (check one) Are ( ) or are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision. (ii) The Proposer (check one) has ( ) or has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) “Principals,” for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code. (b) The Proposer shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Proposer learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification RFP P23DC003 40 will be considered in connection with a determination of the Proposer’s responsibility. Failure of the Proposer to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Proposer nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Proposer is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Proposer knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. Name of Proposer Name of Contact Title of Contact Address 1 Address 2 City State Zip Code - Telephone Number E-mail address ( ) - Print Name of Proposer’s Authorized Agent Signature of Proposer’s Authorized Agent Title of Proposer’s Authorized Agent Date AN AUTHORIZED AGENT OF THE OFFEROR SHALL SIGN THE FEDERAL DEBARRED LIST CERTIFICATION RFP P23DC003 41 PROPOSER INFORMATION NORTHERN ARIZONA UNIVERSITY SUBSTITUTE W-9 & VENDOR AUTHORIZATION FORM Contracts, Purchasing and Risk Management Services 928-523-4557 DO NOT SEND TO IRS RETURN TO NAU Foreign individuals/business entities doing business within the U.S. should complete the Foreign Substitute W-9 available at http://nau.edu/Contracting-Purchasing-Services/Forms/. 1. Taxpayer Identification Number (TIN): ☐Employer ID Number (EIN) ☐Social Security Number (SSN) 2 LEGAL NAME: (must match TIN above) 3. DUNS # (If applicable) 4. LEGAL MAILING ADDRESS: (Where check, tax information, and general correspondence is to be sent) DBA (Doing Business As): Address: Address Line 2: City: State: ZIP Code: 5. Remit to Address: ☐ Same as Legal Mailing Address Address: Address Line 2: City: State: ZIP Code: 6. Contact Name: Phone Number: Email Address: 7. ENTITY TYPE ☐Individual (not a business) ☐ Sole proprietor (Individually owned business) or sole proprietor organized as LLC or PLLC ☐Corporation (NOT providing health care, medical or legal services) ☐Corporation (providing health care, medical or legal services) ☐The US or any of its policital subdivisions or instrumentalities ☐A state, a possession of the US, or any of their policital subdivisions or instrumentalities ☐Tax-exempt organizations under IRC §501 ☐Partnership, LLP or partnership organized as LLC or PLLC 8. Business Purpose: ☐Medical ☐Merchandise ☐Legal ☐Other, Specify: 9. Product or Service Provided/ Purpose of Payment: http://nau.edu/Contracting-Purchasing-Services/Forms/ RFP P23DC003 42 NORTHERN ARIZONA UNIVERSITY SUBSTITUTE W-9 & VENDOR AUTHORIZATION FORM Contracts, Purchasing and Risk Management Services 928-523-4557 DO NOT SEND TO IRS RETURN TO NAU 10. FEDERAL INFORMATION – REQUIRED What is the Federal classification type of your business? – see definitions on link below. (S.B.A. Small Business definition FAR 19.001 and size standards FAR 19.102) http://www.sba.gov/size LARGE Business? YES☐ NO☐ SMALL Business? YES☐ NO☐ Please check all that apply to your business for Federal Supplier Type: Service Disabled Veteran Owned (VD) ☐ Small Disadvantaged (SD) ☐ Women Owned (WO) ☐ Veteran Owned (VO) ☐ Minority Institution (MI) ☐ HUB Zone (HZ) ☐ Note: Supplier type will be verified through the System for Award Management https://www.sam.gov 11. Residency (Select one): ☐ U.S. Person, Includes Resident Alien ☐ Nonresident Alien performing services outside the U.S. 12. CERTIFICATION Under penalties of perjury, I certify that : 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), 2. I am not subject to backup withholding. 3. I am a U.S. person (including a resident alien). Cross ‘3’ if non-resident doing business outside the U.S. 4. I certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency from doing business with the federal government. See Federal Acquisition Regulation section 52.209-6 for more information regarding debarment. The Internal Revenue Service does not require your consent to any provision of this document other than the certification required to avoid backup witholding. Payment Term: Net 30 in accordance with A.R.S. 35-342 PRINT NAME: SIGNATURE: Title: Date: NAU Contact Name and Phone/Email: AN AUTHORIZED AGENT OF THE OFFEROR SHALL SIGN THE VENDOR INFORMATION Northern Arizona University is an Equal Opportunity/Affirmative Action Institution. http://www.sba.gov/size https://www.sam.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/35/00342.htm RFP P23DC003 43 EXHIBIT 4 – FORM CONTRACT CONTRACT FOR GOODS AND/OR SERVICES This Contract (“Contract”) is made between the Arizona Board of Regents (“ABOR”), for and on behalf of Northern Arizona University (“University”), and _________________________ (“Contractor”). WHEREAS the University issued Request for Proposal #_______________________ for ___________________________. WHEREAS the Contractor responded with its proposal. WHEREAS the University awarded a Contract the Contractor. NOW, THEREFORE, in consideration of the above premises, the parties hereto agree as follows: 1. Contract. Contractor agrees to provide ____________ (“Services”) to include but not limited _________________________________in accordance with the terms and conditions herein and Exhibit A, attached hereto and incorporated herein by reference. 2. Term. a. The Contract shall commence on ___________________, for an initial one (1) year period with the option to renew for four (4) additional one (1) year periods for a total term not to exceed five (5) years. b. The University may terminate the Contract, in whole or in part, with or without cause, upon thirty (30) days written notice to Contractor. Subject to the provision of any Transition Services (as defined below), upon termination, Contractor will refund to the University all prepaid amounts for Services not delivered or performed. If the Contract is terminated pursuant to this section, subject to the provision of any Transition Services, the University will pay Contractor, as full compensation under the Contract: (1) the portion of Services delivered or performed and accepted prior to the effective date of termination based on the unit prices in the Contract, or, if no unit prices are provided, the pro rata amount of the total order price based on the amount delivered or performed; and (2) a reasonable amount, not otherwise recoverable from other sources by Contractor, and as approved by the University, with respect to the undelivered, unperformed, or unacceptable portion of the Services. In no event will compensation paid previously under the Contract together with compensation paid under this section exceed the total purchase order or Contract price. c. The University may terminate the Contract, in whole or in part, if Contractor defaults on any of its obligations in the Contract and fails to cure such default within seven (7) days after receiving notice of default from the University. In the event of such a default, the RFP P23DC003 44 University may procure the Services from other sources and Contractor will be liable to the University for any excess costs the University incurs. d. The University shall have the right to terminate this Contract at any time in the event the Contractor files a petition in bankruptcy, or is adjudicated bankrupt; or if a petition in bankruptcy is filed against the Contractor and not discharged within thirty (30) days; or if the Contractor becomes insolvent or makes an assignment for the benefit of its creditors or an arrangement pursuant to any bankruptcy law; or if a receiver is appointed for the Contractor or its business. e. Upon termination of the Contract or termination of any Services (regardless of the reason for termination), the parties will work in good faith to transition the terminated Services to the University or its designee(s), with minimum interruption to the University’s business. At the University’s option, Contractor will continue to provide Services and will provide transition support at rates consistent with the terms of the Contract for a period of no longer than one- hundred and eighty (180) days following the termination date (the Transition Period). Contractor will provide the post-termination Services (the Transition Services) at least at the same levels of quality and timeliness of performance as Services were provided prior to termination, in a professional manner, with high quality, and in accordance with industry standards. The parties may, by written agreement, modify the Transition Services to be provided and the length of the Transition Period. 3. Survival. All provisions of the Contract that anticipate performance after the termination of the Contract, and all provisions necessary or appropriate to interpret and enforce such provisions, will survive termination of the Contract. 4. Settlement Method and Terms. Payment will be subject to the provisions of Title 35 of the Arizona Revised Statutes (ARS), as amended from time to time, relating to time and manner of submission of claims. The University’s obligation will be payable only and solely from funds appropriated for the purpose of the Contract. After delivery and acceptance of the Services, Contractor will submit an acceptable invoice to the University. Invoices must be itemized, reference the appropriate University purchase order number, and include sufficient detail to document the invoiced amount. The University will pay Contractor for the Services delivered and accepted net 30 days after receipt by the University of an invoice meeting the requirements of this section. Invoices will be electronically delivered to the University’s Accounts Payable department by email to AccountsPayable@nau.edu. 6. Independent Contractor. Contractor is an independent contractor. Neither the University nor Contractor may bind the other. None of the Contractor Parties will be employees, agents, partners, or joint venturers of the University. None of the Contractor Parties will be eligible for any benefits from the University, including worker’s compensation coverage. Contractor is responsible to the University for compliance with the Contract by the Contractor, or any of its owners, officers, directors, members, managers, agents, employees, contractors or subcontractors at all tiers (together with Contractor, the Contractor Parties). Contractor will determine Contractor’s hours of work, and will provide all tools, equipment, and supplies Contractor determines to be necessary to deliver and perform the Services. Contractor will maintain all RFP P23DC003 45 business registrations and licenses required to deliver and perform the Services. Contractor is using its own knowledge, skill, and technical know-how in the delivery and performance of the Services and is not being supervised by the University. The conduct and control of the Services lies solely with Contractor, and the University is interested only in final results. 7. Work Product. All reports, drawings and other work products in any medium produced by Contractor as a part of the Services rendered under this Contract shall be provided to and be the sole property of the University. Contractor shall not release this work product or other information obtained or produced pursuant to this Contract without the prior written consent of the University. 8. Conflict of Interest. The parties agree that this Contract may be canceled for conflict of interest in accordance with A.R.S. § 38-511. 9. Dispute Resolution. If a dispute arises under the Contract, the parties will exhaust all applicable administrative remedies provided for under Arizona Board of Regents Policy 3-809. 10. Arbitration. The parties agree to arbitrate disputes filed in Arizona Superior Court that are subject to mandatory arbitration pursuant to ARS § 12-133. 11. Indemnification. a. Contractor shall indemnify, defend and hold harmless, the University, the State of Arizona, and the Arizona Board of Regents and their employees and agents from all losses, damages, claims, liabilities, costs and expenses (including, without limitation, costs and expenses of litigation and alternative dispute resolution, reasonable attorneys’ and paralegals’ fees, worker’s compensation claims, unemployment compensation claims and unemployment disability claims) arising from any actual or alleged damage to property, injury to any person, or death of any person to the extent that such damage, injury or death arises from any actual or alleged act or omission (including, without limitation, negligence and willful misconduct) of Contractor or any of Contractor’s employees, agents or representatives in connection with or incident to performance of this Contract, provided, however, that this indemnification shall not include (i) losses, damages, claims, liabilities, costs and expenses arising from professional errors or omissions of Contractor or any of Contractor’s employees, agents or representatives or (ii) losses, damages, claims, liabilities, costs and expenses of the University or the Arizona Board of Regents arising from any obligation undertaken by the University or the Arizona Board of Regents in any contract entered into in connection with the Services of Contractor. b. Notwithstanding any expiration or termination of this Contract, this indemnification shall remain in effect indefinitely without termination as to acts and omissions actually occurring or alleged to have occurred prior to expiration of termination of this Contract. 12. Non-Appropriation. This Contract may be canceled without any further obligation on the part of the University in the event that sufficient appropriated funding is unavailable to assure full performance of its terms. Contractor shall be notified in writing of any such non-appropriation at the earliest opportunity. RFP P23DC003 46 13. Inspection. To the extent required by ARS § 35-214, all books, accounts, reports, files and other records relating to this Contract shall be subject at all reasonable times to inspection and audit by ABOR, the University, or the Auditor General of the State of Arizona, or their agents for five (5) years after completion of this Contract. Such records shall be produced at the University, or other location as designated by the University, upon reasonable notice to the Contractor. 14. Authorized Presence Compliance. As required by ARS § 41-4401, the University is prohibited from awarding a contract to any contractor or subcontractor that fails to comply with ARS § 23-214(A) (verification of employee eligibility through the e-verify program). Contractor warrants that it and its subcontractors comply fully with all applicable federal immigration laws and regulations that relate to their employees and their compliance with ARS § 23-214(A). A breach of this warranty will be a material breach of this Contract that is subject to penalties up to and including termination of this Contract. The University retains the legal right to inspect the papers of any Contractor or Contractor Party employee who works hereunder to ensure that the Contractor or Contractor Party is complying with the above warranty. 15. No Boycott of Israel. If the Services provided under this Contract include the acquisition of services, supplies, information technology or construction with a value of at least $100,000 and Contractor is engaged in for-profit activity and has 10 or more full-time employees, then, to the extent required by ARS § 35- 393.01, Contractor certifies it is not currently engaged in, and during the term of this Contract will not engage in, a boycott of goods or services from Israel. 16. Insurance Requirements. Without limiting any liability of or any other obligation of Contractor, Contractor shall procure and maintain (and cause its subcontractors to procure and maintain), until all of their obligations have been discharged or satisfied, including any warranty periods under this Contract, insurance against claims that may arise from or in connection with the performance of work hereunder by Contractor, its agents, representatives, employees or subcontractors, the minimum insurance coverages listed below, unless otherwise agreed to in writing. Contractor’s insurance shall be placed with companies licensed in the State of Arizona or hold approved non-admitted status on the Arizona Department of Insurance List of Qualified Authorized Insurers. Insurers shall have an “A.M. Best” rating of not less than A- VII. The University in no way warrants that the above required minimum insurer rating is sufficient to protect the Contractor from potential insurance insolvency. Self-insurance may be accepted in lieu of or in combination with the insurance coverage requested. a. Commercial General Liability of $1,000,000 minimum limit for each occurrence and $2,000,000 general aggregate, to include coverage for bodily injury, property damage, personal and advertising injury, and broad form contractual liability coverage. Each Occurrence $1,000,000 Damage to Rented Premises $50,000 Personal and Advertising Injury $1,000,000 General Aggregate $2,000,000 Products – Completed Operations Aggregate $1,000,000 Liquor Liability (if applicable) $1,000,000 RFP P23DC003 47 b. Automobile Liability of $1,000,000 minimum Combined Single Limit each occurrence, to include coverage for bodily injury and property damage for any owned, hired, and/or non-owned automobiles assigned to or used in the performance of this Contract. c. Workers Compensation coverage for all employees which meets Arizona statutory benefits and Employers’ Liability insurance with a minimum limit of $1,000,000 each accident, $1,000,000 disease – each employee, and $1,000,000 disease – policy limit. i. This requirement shall not apply to each Contractor or subcontractor that is exempt under ARS § 23-901 and when such Contractor or subcontractor executes the appropriate form (Sole Proprietor Waiver or Independent Contractor Agreement). d. If applicable, in the University’s sole discretion, Professional Liability (Errors and Omissions Liability) of $1,000,000 minimum limits for each claim (or each wrongful act) and 2,000,000 annual aggregate. i. In the event that the Professional Liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. ii. The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the scope of work of this Contract. e. If applicable, in the University’s sole discretion, Builder’s Risk or Installation Floater (as appropriate) in an amount that represents the estimated completed value of the project. f. If Contractor is working with children or vulnerable adults, then coverage for Sexual Abuse and Molestation (SAM) of $500,000 minimum limit, to include the following statement or evidence on the certificate of insurance that “Sexual Abuse/Molestation coverage is included.” The limits may be included within the Commercial General Liability limit, Professional Liability limit, provided by separate endorsement with its own limits, or provided as separate coverage. g. If Contractor is providing software, software or systems development or hardware, or is an internet/application service provider (e.g. web hosting), then Technology Errors and Omissions insurance with minimum limits of $2,000,000 each claim (or each wrongful act) and $2,000,000 annual aggregate. i. Such insurance shall cover any and all errors, omissions, or negligent acts in the delivery of products, services, and/or licensed programs under this Contract. ii. Coverage shall include copyright infringement, infringement of trade dress, domain name, title or slogan. RFP P23DC003 48 iii. In the event that the Technology Errors and Omissions insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. h. If Contractor is directly connected to the University’s network, information security vendor, or internet/application service provider (e.g. web hosting), then Network Security (Cyber) and Privacy Liability with minimum limits of $2,000,000 each claim (or wrongful act) and $2,000,000 annual aggregate. i. Such insurance shall include, but not be limited to, coverage for third party claims and losses with respect to network risks (such as data breaches, unauthorized access or use, identity theft, theft of data) and invasion of privacy regardless of the type of media involved in the loss of private information, crisis management and identity theft response costs. This should also include breach notification costs, credit remediation and credit monitoring, defense and claims expenses, regulatory defense costs plus fines and penalties, cyber extortion, computer program and electronic data restoration expenses coverage (data asset protection), network business interruption, computer fraud coverage, and funds transfer loss. ii. In the event that the Network Security (Cyber) and Privacy Liability required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. i. If Contractor is providing content such as but not limited to software code, text, data, images, and other media-related services including web design and/or marketing firms, then Media Liability insurance with minimum limits of $2,000,000 each claim (or each wrongful act) and $2,000,000 annual aggregate. i. Such insurance shall cover any and all errors and omissions or negligent acts in the production of content, including but not limited to plagiarism, defamation, libel, slander, false advertising, invasion of privacy, and infringement of copyright, title, slogan, trademark, service mark and trade dress. ii. In the event that the Media Liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. RFP P23DC003 49 j. Policies for Commercial General Liability and Automobile Liability shall be endorsed to include the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, agents, and employees as additional insureds with respect to liability arising out of the activities performed by or on behalf of Contractor. Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits are in excess of those required by this Contract. k. Policies for Commercial General Liability, Automobile Liability, and Workers Compensation shall contain a waiver of subrogation endorsement in favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees for losses arising from work performed by or on behalf of Contractor. l. Such coverage shall stipulate that the insurance afforded the Contractor shall be primary and that any insurance carried by Northern Arizona University, the Arizona Board of Regents, or the State of Arizona shall be excess and not contributory insurance, as provided by ARS §41-621(E). m. With the exception of ten (10) days’ notice of cancellation for non-payment of premium, Contractor’s insurance shall not be permitted to expire, be suspended, be cancelled, or materially changed for any reason without thirty (30) days prior written notice to the University. n. Contractor will furnish the University with valid certificate(s) of insurance required by this Contract and coverage must be in effect at or prior to commencement of work under this Contract and remain in effect for the term of this Contract. o. The University’s project or purchase order number and project description will be noted on each certificate of insurance. p. The Certificate Holder shall be listed as “State of Arizona, Arizona Board of Regents and Northern Arizona University”. q. Failure on the part of Contractor to maintain these requirements or provide evidence of renewal, shall constitute a material breach of this Contract upon which the University may immediately terminate this Contract, or, in the University’s sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith, and all monies so paid by the University shall be repaid by Contractor to the University upon demand, or the University may offset the cost of the premiums against any monies due to Contractor. r. Costs for coverage broader than those required or for limits in excess of those required shall not be charged to the University. RFP P23DC003 50 s. The University reserves the right to request and receive proof of insurance and/or certified copies of any or all of the above policies and/or endorsements at any time throughout the term of this Contract. t. Contractor’s certificate(s) of insurance may include all subcontractors as insureds under its policies as required by this Contract, or Contractor will furnish to the University upon request, copies of valid certificates and endorsements for each subcontractor. Coverages for subcontractors will be subject to the minimum requirements identified above. 17. Governing Law and Venue. The Contract will be governed by the laws of the State of Arizona without regard to any conflicts of laws principles. The University’s obligations hereunder are subject to the regulations/policies of the Arizona Board of Regents. Any proceeding arising out of or relating to the Contract will be conducted in Coconino County, Arizona. Each party consents to such jurisdiction and waives any objection it may now or hereafter have to venue or to convenience of forum. 18. Public Records. The University, as a public institution, is subject to ARS §§ 39-121to 39-127 regarding public records. Any provision regarding confidentiality is limited to the extent necessary to comply with Arizona law prior to disclosure. 19. Interpretation-Parol Evidence. The Contract is intended by the parties as a final expression of their agreement and is intended to be a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the parties and no usage of the trade will be relevant to supplement or explain any term used in the Contract. Acceptance or acquiescence in a course of performance rendered under the Contract will not be relevant to determine the meaning of the Contract even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity for objection. 20. Privacy; Educational Records. Student educational records are protected by the U.S. Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g and its implementing regulations (FERPA). Contractor will not require any University students or employees to waive any privacy rights (including FERPA or the European Union’s General Data Protection Regulation (GDPR)) as a condition for receipt of any educational services, and any attempt to do so will be void. Contractor will comply with FERPA and will not access or make any disclosures of student educational records to third parties without prior notice to and consent from the University or as otherwise provided by law. If the Contract requires or permits Contractor to access or release any student records, then, for purposes of the Contract only, the University designates Contractor as a “school official” for the University under FERPA, as that term is used in FERPA. 21. Health Insurance Portability and Accountability Act. Contractor shall abide by all laws and regulations that protect the privacy of healthcare information to which Contractor obtains access under this Contract. Contractor and the University acknowledge that certain portions of the Administrative Simplification section of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), as codified at 42 U.S.C. § 1320d through d-8, and the federal privacy regulations as contained in 45 CFR Part 164 may apply to Contractor and the University, and their relationships and operation under this Contract. If necessary, Contractor